NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 8.8.2002 passed by Additional Sessions Judge, Bathinda, whereby, the convicted appellant Nahar Singh, accused Chhinder Singh and Manjit Singh. Appellant Nahar Singh was convicted under Sections 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/ -. In default of payment of fine, he was ordered to undergo rigorous imprisonment for six months. He was further convicted under Section 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/ -. In default of payment of fine, he was ordered to undergo rigorous imprisonment for two months. Accused Chhinder Singh and Manjit Singh were convicted under Section 323 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for six months each and to pay a fine of Rs.500/ - each. In default of payment of fine, they were directed to undergo rigorous imprisonment for 15 days each. They have not filed an appeal against the order. Nazar Singh, who was arraigned as an accused with appellant Nahar Singh, was acquitted of the charge by the trial Court.

(2.) THE story of the prosecution is unfolded by the statement of Pappa Singh son of Dhanna Singh. He stated in his statement given at Mandi Goniana to Assistant Sub -Inspector Ranjit Singh (PW -6), whereby he stated that he is a resident of Nahian Wala. They are four brothers, namely, Chhinder Singh, Nachhattar Singh, Balbir Singh and himself. The houses of Balbir Singh and Chhinder Singh are situated on one side and the house of the complainant and Nachhattar Singh deceased are situated on the other side. In front of the houses of Balbir Singh and Chhinder Singh, there is a site for dumping of cow dung, which belonged to the entire family. On 25.11.1998 in the evening, Pappa Singh along with his brother Nachhattar Singh also started throwing cow dung along with some debris in the aforesaid site. His brother Balbir Singh asked Chhinder Singh to remove the cow dung from the extra site to leave the site belonging to the share of others. Chhinder Singh refused to do so. On 26.11.1998 at 8.00 A.M. when Pappa Singh and his brother Nachhattar Singh were going to the house of Balbir Singh, Nazar Singh son of Bakhataur Singh came out of the house of Chhinder Singh and raised an alarm that brother had come, catch hold of him. In the meanwhile, Manjit Singh armed with a stick and his brother Chhinder Singh armed with a gandasa came out of their houses. Manjit Singh gave a dang blow on his brother Balbir Singh, which hit on his left wrist and Chhinder Singh gave a gandasa blow from its reverse side, which hit his brother Balbir Singh on the lower part of his left leg. Complainant and Nachhattar Singh raised on alarm. On hearing alarm, his sister -in -law (Bhabhi) Paramjit Kaurwife of Nachhattar Singh and Pappa Singh's father Dhanna Singh came out. In the meantime, Nahar Singh, the son -in -law of the complainant's uncle Maghar Singh armed with a gandasa also came out from the house of Chhinder Singh. He gave a gandasa blow with its sharp side on the head of Nachhattar Singh with an intention of kill him. Grievous injuries were caused on the head of Nachhattar Singh and he fell down. Appellant Nahar Singh gave another gandasa blow on the right leg of the complainant. Complainant ran away, as he apprehended that lie wound also be killed. Balbir Singh and Nachhattar Singh were taken to Civil Hospital Mandi Goniana by the complainant's father Dhanna Singh and sister -in -law (Bhabhi) Paramjit Kaur. Complainant also reached Mandi Goniana.

(3.) DECEASED Nachhattar Singh was referred to Civil Hospital, Bathinda, as injuries caused to him were serious. Formal FIR, Exhibit PJ/2 was recorded on 26.11.1998 at 11.25 A.M. Special Report was sent to the Ilaqa Magistrate on 26.11.1998 at 1.40 P.M.